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OpenMarket: Law and Constitution

  • VIDEO: Pacific Legal Foundation Stands up for Freedom of Falconry

    January 25, 2019
    Falconry has a long and noble heritage. During most of that time, however, it has been heavily regulated. In Medieval England, for example, only people belonging to certain social classes were allowed to keep and hunt with bird of prey, and certain species of birds were considered appropriate only for holders of certain noble titles. Though we in the present-day United States may live in a far more egalitarian society, the practice of falconry still comes with onerous rules. The new video below from the Pacific Legal Foundation explains a lawsuit they are pursing to challenge those restrictions.
  • Courts Should Protect Economic Liberty Rights As Originally Understood

    January 23, 2019
    The prohibition on taking a person’s liberty without due process of law is enshrined in the Constitution’s Fifth and Fourteenth Amendments. But what does this mean? Does “liberty” only mean not being imprisoned, as some people have claimed, or is it far broader than that? In a new post on the Federalist Society’s blog, I argue that liberty, as originally understood by our Founders, was far broader than lack of imprisonment.
  • Supreme Court Should Review Oregon's Discriminatory Fuel Pricing Rules

    January 16, 2019
    Last week, American fuel manufactures filed a petition to the U.S. Supreme Court asking them to review a lower court decision upholding an Oregon law which the manufacturers say was designed to inappropriately favor Oregon businesses and which regulates activities that occur entirely outside of the state. CEI has previously commented on the absurdity of the lower court decision when it was issued.
  • Oregon Court Rebuffs Kids' Climate Lawsuit

    January 11, 2019
    Oregon’s Court of Appeals ruled on 9th January that the public-trust doctrine does not impose a “fiduciary obligation” on the state to develop and implement a climate change mitigation program. 
  • An Executive Order to Shine Light on Dark Matter

    December 27, 2018
    Over at The Hill, Wayne Crews and I make the case for an executive order that would limit executive power. It’s more plausible than it sounds.
  • Best Books of 2018: Judicial Fortitude

    December 19, 2018
    My pick for one of the best books of this year is “Judicial Fortitude: The Last Chance to Rein in the Administrative State” (Encounter Books, 2018) by Peter Wallison. It makes the seemingly dry topic of the administrative state come alive—or rather, illustrates how it is already alive and very destructive to our liberties.
  • Don't Blame Google for a Feature Consumers Want

    December 6, 2018
    It’s very rare I disagree with the great freedom-loving journalist John Stossel, but his column at Townhall this week made me raise an eyebrow. In it, he criticizes Google and its platform YouTube for having “power they shouldn’t have.” He was concerned that YouTube would “not allow” his new video, “Socialism Leads to Violence” to be viewed by young people. After his complaint, Google apparently lifted the restriction.
  • Judge Blocks Keystone XL Pipeline

    November 9, 2018
    Montana federal judge Brian Morris ruled on November 8th that the State Department and TransCanada Corporation must discontinue all efforts to construct or operate the Keystone XL Pipeline until the Department has completed a supplement to its 2014 Supplemental Environmental Impact Statement (SEIS) that complies fully with the National Environmental Policy Act (NEPA) and Administrative Procedure Act (APA).
  • Q&A on Frank v. Gaos, Class Action Lawsuit Headed to Supreme Court

    October 30, 2018

    Q: What is the main question at issue in Frank v. Gaos?

    A: The Supreme Court will consider whether a class action settlement is fair under the rules where the plaintiffs’ attorneys direct all of the settlement relief to outside organizations instead of the class members.

  • New York State Latest to Sue Over Climate Change

    October 27, 2018

    New York Attorney General Barbara Underwood launched a lawsuit on October 24th against ExxonMobil Corporation over the company’s treatment of climate change-related risks and costs. The suit alleges that ExxonMobil knew, with precision, the social cost of carbon and the cost of future carbon mitigation policies, but that the company did not accurately include these costs in its decision making and in its public filings.

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